Can Bananas Smoothies Frozen Yogurt obtain injunctive relief for certain conduct?
Bananas_Smoothies_Frozen_Yogurt Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Injunctive Relief**.** Franchisor may obtain in any court of competent jurisdiction any injunctive relief, including temporary restraining orders and preliminary injunctions, against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm. Franchisor may have such injunctive relief, without bond, but upon due notice, in addition to such further and other relief as may be available at equity or law, and Developer's sole remedy in the event of the entry of such injunction, shall be its dissolution, if warranted, upon hearing duly had (all claims for damages by reason of the wrongful issuance of any such injunction being expressly waived). Developer and each of Developer's owners acknowledges that any violation of Section 8,9,10,11 and 13 would result in irreparable injury to Franchisor for which no adequate remedy at law may be available. Accordingly, Developer and each of its owners consent to the issuance of an injunction prohibiting any conduct in violation of any of those Sections and agrees that the existence of any claim Developer or any of its owners may have against Franchisor, whether or not arising from this Agreement, shall not constitute a defense to the enforcement of any of those Sections.
Source: Item 23 — RECEIPT (FDD pages 58–231)
What This Means (2025 FDD)
According to the 2025 Bananas Smoothies Frozen Yogurt FDD, the franchisor may obtain injunctive relief in any court of competent jurisdiction against conduct or threatened conduct for which no adequate remedy at law may be available or which may cause it irreparable harm. This includes temporary restraining orders and preliminary injunctions.
The franchisor may have such injunctive relief, without bond, but upon due notice. In the event such an injunction is entered, the franchisee's sole remedy is its dissolution, if warranted, upon a hearing. The franchisee expressly waives all claims for damages due to the wrongful issuance of any such injunction.
The FDD states that any violation of Sections 8, 9, 10, 11, and 13 of the agreement would result in irreparable injury to Bananas Smoothies Frozen Yogurt for which no adequate remedy at law may be available. The franchisee consents to the issuance of an injunction prohibiting any conduct in violation of any of those Sections and agrees that any claim the franchisee may have against Bananas Smoothies Frozen Yogurt will not be a defense to the enforcement of any of those Sections.